Bombay High Court
BHAUSAHEB BHIKANRAO CHAVANversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Dismissed
Holding
Anticipatory bail under Section 482 BNSS was not granted because the alleged fraud is serious and custodial interrogation is essential.
Summary
The applicant, Bhausaheb Bhikanrao Chavan, Deputy Director of Education, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after being named an accused in FIR No. 164 of 2025 for allegedly forging Shalarth ID entries to illegally appoint 79 teaching and non‑teaching staff, resulting in a loss of Rs 9.60 crore to the State. The applicant contended that he was merely the first informant, that the actual fraud was committed by the Accounts Officer Uday Vishnu Panchbhai, and that his signature on documents was scanned. The prosecution argued that the applicant personally instructed the inclusion of false names, forged orders, and that custodial interrogation was essential given the seriousness of the crime. The Court held that anticipatory bail is an extraordinary remedy, not warranted where the offence is grave and interrogation is required. Consequently, the application for anticipatory bail was dismissed, and the interim protection previously granted was vacated.
Issues considered
- The applicability of Section 482 of the BNSS to grant anticipatory bail in the present fraud case.
- Whether the applicant, as Deputy Director of Education, was personally involved in the alleged forgery and inclusion of false Shalarth ID entries.
- Whether the seriousness of the alleged offence and the need for custodial interrogation preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 316(5), 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- anticipatory bail
- Section 482 BNSS
- fraud
- Shalarth ID
- forgery
- public money
- custodial interrogation
- education department
- financial loss
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 3499 OF 2025
Bhausaheb Bhikanrao Chavan …Applicant
Vs.
1. The State of Maharashtra …Respondents
2. The Assistant Police Inspector
Mr. Shirish Gupte, Senior Advocate a/w. Mr. Pralhad Dnyanoba
Bachate, for the Applicant.
Mrs. M.M. Deshmukh, APP for the Respondent-State.
Mr Umesh Borse, API and Mr. Shivaji Kulkarni, Head Constable,
EOW Nashik City Police Station, present.
CORAM: MADHAV J. JAMDAR, J.
DATE : 5th OCTOBER, 2026
P. C.:
1. Heard Mr. Gupte, learned Senior Counsel appearing for
the Applicant and Mrs. Deshmukh, learned Additional Public
Prosecutor for the State.
2. By this application filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the
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Applicant is seeking pre-arrest bail in connection with C.R. No.
164 of 2025 registered with Nashik Road Police Station, Nashik
City under Sections 340 (2), 338, 336(3), 318(4), 316(5) and
3(5) of Bharatiya Nyaya Sanhita, 2023.
3. Mr. Gupte, learned Senior Counsel appearing for the
Applicant raised following contentions :-
i. The Applicant in his capacity as Deputy Director of
Education is the First Informant in said C.R. No. 164 of
2025 and thereafter, in the same C.R., he has been made
accused.
ii. The Applicant in his capacity as Deputy Director of
Education, has granted approval for Shalarth IDs. By
pointing out certain decisions of this Court, Learned
Senior Counsel submitted that this Court by passing
various orders consistantly held that once an
appointment of teacher is approved, the Deputy Director
of Education cannot enquire into the aspect of
appointment, he has to issue Shalarth IDs therefore the
Applicant has issued Shalarth IDs. He submitted that
therefore the Applicant is not involved in the crime.
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iii. As per the practice adopted by the office of the
Deputy Director of Education, the work of preparation of
draft Shalarth IDs is always entrusted to the Account
Officer. Learned Senior Counsel pointed out order dated
10th July 2023 issued by the Applicant. It is submitted
that as Mr.Manish Kadam, who was working as Accounts
Officer in the office of the Deputy Director of Education
was transferred and he relieved his charge on 10 th July
2023 with effect from 10th July 2023, one Mr. Uday
Vishnu Panchbhai has been appointed as Accounts
Officer and accordingly, by passing specific order dated
10th July 2023, the work of preparation of Shalarth IDs
draft has been assigned to said Mr. Uday Vishnu
Panchbhai and password was also given to him. It is
submitted that said Panchbhai by misusing the said
power unauthorisedly included names of various
teaching/non-teaching staff in the Shalarth ID Pranali. It
is submitted that therefore the Applicant is not involved
in the crime.
iv. Learned Senior Counsel submitted that said Mr.
Uday Vishnu Panchbhai has given statement dated 2 nd
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February, 2023 titled as “Panchnama” confirming that he
is responsible for the same.
v. It is submitted that in fact a complaint was
received by the Ministry of Education, Maharashtra State
on 20th March 2024 regarding bogus and backdated
appointments of teaching and non-teaching staff. The
Director of Education has directed the Applicant, in the
capacity of the Applicant as Deputy Director of
Education, to conduct an enquiry. Accordingly, detailed
enquiry was conducted and preliminary report dated 24 th
June 2023 was submitted by the Applicant to the
Commissioner of Education. It is submitted that
thereafter further report dated 25th February 2025 was
submitted to the Commissioner of Education. Thereafter,
by letter dated 17th March 2025 permission was sought
from the Commissioner of Education for lodging F.I.R.
and accordingly sanction was given by the Commissioner
of Education by letter dated 22 nd March 2025 to lodge
F.I.R. Pursuant to the same, subject F.I.R., i.e., C.R. No.
164 of 2025 has been lodged by the present Applicant on
27th March 2025.
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vi. Mr. Gupte, learned Senior Counsel also pointed out
affidavit in reply of the Applicant filed in Writ Petition
No. 9008 of 2021 (Aurangabad Bench) as approval
granted to the appointment of various teachers has been
cancelled by the Applicant. It is submitted that in the
said Writ Petition, affidavit has been filed by the
Applicant in his capacity as the Deputy Director of
Education bringing on record the factual position that the
decision to cancel the approval would be taken only after
giving due notice and personal hearing to all concerned.
vii. It is further submitted that in the Inquiry Report
dated 25th February 2025, it is specifically stated that the
work of preparation of Shalarth ID drafts of all these
teachers has been done by said Uday Panchbhai and said
Uday Panchbhai and one Sharma, who is the
Superintendent of Pay Unit, working at Jalgaon are the
responsible persons.
viii. By relying on the Panchanama of portable clone
hard disc examination dated 7th January 2026, it is
submitted that with respect to documents at Serial Nos.4,
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5, 9, 10 and 11, it has been found that the Applicant’s
signature is a scanned signature of the Applicant.
ix. It is, therefore, submitted that the Applicant is not
at all involved in the crime and in fact he is the First
Informant and the allegations made by the Investigating
Officer are totally false.
4. On the other hand, Mrs. Deshmukh, learned Additional
Public Prosecutor raised the following contentions :-
i. Although the F.I.R. has been filed by the Applicant
in his capacity as Deputy Director of Education, however,
during investigation, the Applicant’s involvement in the
crime was disclosed.
ii. As far as contention raised by learned Senior
Counsel on the basis of various orders passed by this
Court that once approval has been granted, the Deputy
Director of Education has no option but to include such
teaching/non-teaching staff in Shalarth ID, it is
submitted that by G.R. dated 10th June 2022, it has been
specifically directed to all Deputy Directors of Education
to verify the documents.
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iii. It is submitted that during investigation, it
transpired that Shalarth ID drafts and Shalarth orders of
about 79 teaching/non-teaching staff members were
prepared by showing their appointments of the year
2012, although their appointments are of the year 2022-
2024 and the total amount of Rs.9,60,35,631/- (Rupees
Nine Crore Sixty Lakh Thirty-Five Thousand Six Hundred
Thirty-One Only) has been paid to these 79 teachers who
were in fact illegally appointed in the year 2022 to 2024
by showing their appointments from the year 2012.
iv. Learned Additional Public Prosecutor relied on
compilation of documents which has been submitted for
perusal of the Court. She pointed out a chart of about 81
teaching/non-teaching staff members (Pages 145-161),
order dated 26th June 2019 of approval in case of one
Urvashi Nimba Choudhary of Late Ashok Phadake
Madhyamik Vidyalaya, Kurha (Kakoda), Taluka
Muktainagar, District Jalgaon (Page 193) and a forged
and fabricated order dated 26th June 2019 (Pages 113-
115) was also pointed out wherein in addition to name
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of said Ms. Urvashi Nimba Choudhary (as per the original
order), the names of several teaching/non-teaching staff
have been included and the names of these
teaching/non-teaching staff have been mentioned at Sr.
No. 14 to 27 of the chart which is annexed at Page 145 to
161 of the compilation tendered by learned Additional
Public Prosecutor.
v. Learned Additional Public Prosecutor also pointed
out another order dated 27th November 2020/15th
December 2020 (Page 185) issued in the names of
Vaishali Jagannath Mahajan, working as Shikshan Sevika
of the Mitharam Fakira Taral Vidyalaya and M.R.
Mahajan and Mahavidyalaya, Anturli, Tal.-Muktainagar,
Dist. Jalgaon and the forged and fabricated letter dated
15th December 2020 (Page 189) wherein names of
several teaching/non-teaching staff have been included
apart from said Vaishali Jagannath Mahajan.
vi. Learned Additional Public Prosecutor also pointed
out statement of Manish Shaligram Kadam dated 3 rd
December 2025 (Pages 73-74) recorded during
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investigation stating that as per the instructions of the
Applicant, names of 14 teaching/non-teaching staff of
said Ashok Phadake Madhyamik Vidyalaya have been
inserted in draft of Shalarth ID and in the evening after
office hours, the Shalarth IDs in the name of these 14
teaching/non-teaching staff were prepared by the
Applicant and added in Shalarth ID Pranali.
vii. Learned Additional Public Prosecutor further
pointed out order dated 27th May 2024 issued by the
Deputy Director of Education, Nashik Division, Nashik
(Pages 81-84) concerning Priyanaka Vishwanath
Salunke, Pallavi Rahul Mahajan and Priya Deepak
Masane wherein Shalarth IDs have been issued in favour
of these teaching/non-teaching staff. She further pointed
out three letters dated 29th September 2026 (Pages 85-
89) issued by the office of the Education Officer
(Secondary) Zilha Parishad, Jalgaon, stating that the said
office has not sent any Shalarth ID proposals in respect of
Priya Deepak Masane, Pallavi Rahul Mahajan and
Priyanka Vishwanath Salunke.
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viii. Learned Additional Public Prosecutor also pointed
out order dated 20th February 2024 of approval of
appointment and order dated 13th March 2024 of
inclusion of Shalarth ID of Mahendra Ramdas Patil,
Clerk,working in M.F. Taral Secondary and M.R.
Mahajan Mahavidyalaya, Anturli, Tal. Muktainagar, Dist.
Jalgaon (Pages 91-92 and 93-95) and letter dated 29 th
September 2026 of Education Officer (Secondary), Zilha
Parishad, Jalgaon (Page 97), wherein it is stated that a
proposal of individual approval of said teacher has not
been sent by the said office as also proposal of Shalarth
ID is also not sent. The same is also mentioned as far as
another teacher Yogesh Vasantrao Patil is concerned
(Page 99).
5. Perusal of the record shows that complaint dated 28 th
March 2024 (Pages 45-47 of ABA) has been filed by one
Ramkrushna Abhiman Patil with Minister of Education,
Maharashtra State making very serious allegations regarding
individual approvals and inclusion of names in orders of
Shalarth ID Pranali of Teaching/Non-Teaching staff by showing
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their backdated appointments and it is stated that there is as
racket wherein Chairmans of various schools are involved.
6. In view of the said complaint, the Director of Education
has directed the present Applicant in his capacity as Deputy
Director of Education to make enquiry and submit the report.
Accordingly, initially, the Applicant submitted a report dated
24th June 2023 (Pages 51-60) proposing to cancel the
appointments of various teaching/non-teaching staff members
who are working in various schools by giving personal hearing
to these teaching/non-teaching staff members. The said order
was challenged by filing Writ Petition No.9008 of 2024
(Aurangabad Bench) and the Applicant in his capacity as
Deputy Director of Education, Nashik Division, Nashik has filed
affidavit in reply dated 26th February 2025 (Pages 63-69)
stating that after giving notice and personal hearing to all
concerned only in case of fraud, suppression or mis-
representation, the appointments would be cancelled.
7. Thereafter, the Applicant filed another report dated 25 th
February 2025 (Pages 17-23 of Applicant’s compilation) and in
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said report, it is recommended to lodge the F.I.R. and the
Commissioner of Education by order/letter dated 22nd March
2025 (Page 71 of Anticipatory Bail Application), the
Commissioner of Education has given permission for
registration of the offence and accordingly, the subject F.I.R.
being C.R. No. 164 of 2025 has been registered on 27 th March
2025 by the Applicant in his capacity as Deputy Director of
Education.
8. Mr. Gupte, learned Senior Counsel has very heavily relied
on following paragraphs of said Enquiry Report dated 25 th
February 2025 :
"९. शि क्षण उपसंचा लक क र्या लर्या र्याथे दि नां क 10/07/2023
रो जी! चा! क र्या लर्या!नां दि"पण! चा! प्रत शि क्षण उपसंचा लक
क र्या लर्या त!ल लखा शि&क रो' वर्ग - 2 श्री! उ र्या पचाभा ई दि नां क
10 सं र्या 2023 रो जी! लखा अशि&क रो' म्हण1नां हजीरो झा लत.
शि क्षण उपसंचा लक र्या नां! मा न्र्यात दि लल ल थे आर्याडी' चा
ड्रा फ्" भारोण्र्या चा क मा करोण्र्या सं ठी; त्र्या च्र्या कडी रो'तसंरो ल>शिर्गनां
आर्याडी' आणिण प संवडी सं@प1 करोण्र्या त आल ह त . ड्रा फ्" भारोत
असंत नां नांव!नां प स्" दिBए" करू नांर्या व अशिभालखा पडीत ळू1 नांचा
ड्रा फ्" भारो वत असं रो'तसंरो नां "'र्ग " क1नां दि नां क 10.07.2023
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रो जी! त्र्या नां सं1चानां ण्र्या त आल्र्या ह त्र्या व त्र्या नां क माक जी
करोण्र्या सं भा त आ शि त करोण्र्या त आल ह त. र्या प1वG शि क्षण
उपसंचा लक क र्या लर्या त!ल लखा शि&क रो' र्या प वरो श्री! मानां!ष
शिलग्रा मा क मा ह क र्यारोत ह त व ल थे आर्याडी'चा ड्रा फ्"
भारोण्र्या चा क मा त्र्या च्र्या कडी सं@प1 करोण्र्या त आल ह त. त्र्या चा!
ब ल! झा ल्र्या नां आप आपचा श्री!. उ र्या पचाभा ई लखा शि&क रो'
क र्या लर्या र्या च्र्या कडी सं रो जीब ब रो' ण्र्या त आल! ह त!.
खा ल!ल ळूत!ल 49 कमाचा ऱ्र्या चा ड्रा फ्" ह लखा शि&क रो' र्या नां!
क णतह' क र्ग पत्र उपलब्& नांसंत नां भारोल असंल्र्या चा
सं शिर्गतल आहत. र्या विवविव& ळू च्र्या 49 कमाचा ऱ्र्या चा ड्रा फ्"
ह लखा शि&क रो' उ र्या पचाभा ई र्या नां! क णत!ह' क र्याव ह' नां
करोत दिकव क णत्र्या ह' क र्ग पत्र चा! पडीत ळूण! नां करोत
संस्थेल व ळूल मा त करोण्र्या च्र्या हत1नां ड्रा फ्" भारोल
असंल्र्या चा शिनांष्पन्नां झा ल आह. तसं त्र्या नां! लखा! कब@ल!ह' कल
आह व प्रस्त@त क र्या लर्या त असं पचानां मा तर्या रो करोण्र्या त
आल आह.”
"प. प1. मा &व सं शि व र्ग ळूवलकरो र्ग@रुजी! सं वजीशिनांक
संस्थे क@ह क क डी त ल@क मा@क्ता ईनांर्गरो संचाशिलत कT.
अ क फडीक मा ध्र्याशिमाक व उच्चा मा ध्र्याशिमाक विवद्या लर्या
क@न्ह क क डी त. मा@क्ता ईनांर्गरो णिजील्ह जीळूर्ग व र्या
ळूच्र्या शि क्षक चा! डी@ णिXलक" श्री! उ र्या पचाभा ई र्या नां!
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" कल असंल्र्या चा क्र्यात आहत. उपरो क्ता ळूनां क णतह'
ळू थे आर्याडी'च्र्या मा न्र्यातच्र्या सं भा त प्रस्त व
मा ध्र्याशिमाक क र्या संनां कडी प्र प्त झा लल नां ह' त्र्या मा@ळू
त्र्या वरो क र्याव ह'चा प्रश्न शिनांमा ण ह त नां ह'. र्या चा चा अथे
प्रस्त@त क र्या लर्या मा फत ळू थे आर्याडी' नां त चा सं रो
कमाचा ऱ्र्या चा डी@ णिXलक" ह' ळू थे प्रण ल!माध्र्या संमा विवष्ट
करोण्र्या त आल ह त ह स्पष्ट ह त. सं रो डी@ णिXलक" ह मा!
मा झ्र्या स्तरो वरूनां " कल नां ह'त असं उ र्या पचाभा ई र्या नां!
लखा! नांमा1 कलल! आहत परोत@ ल>शिर्गनां आर्याडी' आणिण
प संवडी ह' उ र्या पचाभा ई र्या च्र्या कडी असंल्र्या मा@ळू त्र्या च्र्या
स्तरो वरूनांचा सं रो क रोव ई झा ल! असंण्र्या चा! क्र्यात
आह. त्र्या मा@ळू त्र्या सं श्री! उ र्या पचाभा ई व ज्र्या नां!
डी@ णिXलक" स्व!क रोल त श्री! मा ह न्ह' अशि&क रो'
जीब ब रो आहत. त्र्या नां! संनां चा आशिथेक नां@कसं नां कल
आह. सं रो ळू थे आर्याडी'चा डी@ णिXलक" अजी1नांह'
र्या व्र्याशितरिरोक्ता व्र्याक्ताa श्री! उ र्या पचाभा ई र्या नां! भारोल
असंल्र्या चा! व श्री! मा र्या नां! स्व!क रोल असंल्र्या चा!
क्र्यात आह. प्रस्त@त प्रकरोण चा! व्र्या प्त! अजी1नांह'
अशि&कचा! असं1 कत व र्या माध्र्या आणखा! क ह'
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कमाचा ऱ्र्या चा संहभा र्ग असंण्र्या चा! क्र्यात आह. त्र्या मा@ळू
प्रस्त@त प्रकरोण चा सं र्याबरो मा फत तप सं करोण्र्या त र्या व व
र्ग@न्ह्या चा छडी ल वण्र्या त र्या व जी! अशि&क रो' ष!
दि संत त त्र्या च्र्या विवरुद्ध फeजी रो' र्ग@न्ह खाल करोण्र्या चा
फeजी रो' स्वरूप चा! क रोव ई करोण्र्या चा! र्ग@न्ह खाल
खाल करोण्र्या त र्या व , अ ! शि फ रोसं करोण्र्या त र्यात
आह.”
Thus, the said Enquiry Report specifically records that said
Uday Vishnu Panchbhai and Manish Sharma are responsible
for the fraud.
9. The said Enquiry Report has been signed by the present
Applicant in his capacity as Deputy Director of Education and
by one Jitendrakumar Gade, Junior Administrative Officer and
Shekhar Patil, Chief Clerk of Higher Secondary Department of
the Office of Deputy Director of Education.
10. It is relevant to note that said Jitendrakumar Gade, in his
statement recorded during the investigation has stated that the
said Enquiry Report has been prepared by the Applicant and
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they have only signed the said report as per the direction of the
Applicant.
11. Although, it is submitted by Mr. Gupte, learned Senior
Counsel that the Shalarth IDs drafts are prepared by said Uday
Vishnu Panchbai, who has been appointed as Accounts Officer
after transfer of earlier Accounts Officer- Manish Shaligram
Kadam, however, statement of said Manish Shaligram Kadam
has been recorded stating that as far as 14 teaching/non-
teaching staff of Late Ashok Phdake Madhyamik and Uccha
Madhyamik Vidyalaya, the same were added in the Shalarth
Pranali when he was working as Accounts Officer. He has
stated that the Applicant used to open file on Applicant’s laptop
by using login-id and password to open Shalarth Pranali and
instructed him to fill the Shalarth Drafts and accordingly, drafts
of Shalarth IDs are prepared by him as per the instructions of
the Applicant and these 14 staff teaching/non-teaching
members have been included in the Shalarth ID Pranali by the
Applicant. The following extract of statement of Manish
Shaligram Kadam dated 3rd December 2025 recorded during
investigation is relevant :
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"तसेच फि र्या दीत नमुद कै. अशोक टके म ध्र्याफिमक व उच्च म ध्र्याफिमक
फिवदर्या लर्या कुन्ह क कोड़ , मुक्त ईनगर फिन. जळग ंव, कमच री संख्र्या १४
र्या च
ं े श ल र्थ प्रण लीमध्र्याे ड्र फ्ट मी उपसंच लक, न शिशक र्याेर्थे
लेख धि2क री र्या पद वर हजर असत ंन भरलेले आहेत, त्र्या क ल व2ीत
शिशक्षण उपसंच लक म्हणुन श्री. बी. बी. चव्ह ण हे होते. क र्या लर्या च
तप स अधि2क री र्या ंनी प्र प्त म हीतीच अशिभलेख द खफिवल असत . त्र्या ती
प हणी करत सदरचे श ल र्थ आर्याडी ह क र्या लर्याीन वेळनंतर तर्या र
झ ल्र्या चे फिदसुन र्याेत आहे. मी क र्या लर्या त असत ंन त त्क लीन शिशक्षण
उपसंच लक श्री. बी. बी. चव्ह ण हे त्र्या ंच्र्या कॅबीनमध्र्याे बसुन त्र्या ंच्र्या
समक्ष मल श ल र्थ आर्याडीच ड्र फ्ट भरण्र्या स स ंग र्याचे तपुवA ते स्वतः
त्र्या चे लॅपटॉपवर लॉगईन आर्या. डी. व प सवड ट कुन श ल र्थ प्रण ली
ओपन करून देत असत व मल अधितरिरक्त क म म्हणून श ल र्थ ड्र फ्ट
भरण्र्या स स ंगत असत. फि र्या दीत नमुद १४ कमच री र्या चे श ल र्थ
आर्या.डी. मी तर्या र केले नसुन त त्क लीन शिशक्षण उपसंच लक श्री. बी. बी.
चव्ह ण र्या ंनी क र्या लर्या वेळेनंतर र त्री उशीर तर्या र केल्र्या चे फिदसत आहे.
सदर गुन्ह न शिशकरोड पोलीस ठ णे र्याेर्थे द खल झ ल्र्या नंतर त त्क लीन
शिशक्षण उपसंच लक श्री. बी. बी. चव्ह ण र्या ंनी एके फिदवशी मल ोन
करून स ंफिगतले की, कै. अशोक डके म ध्र्याफिमक व उच्च म ध्र्याफिमक
फिवदर्या लर्या कुन्ह क कोड , मुक्त ईनगर जिज. जळग व, कमच री संख्र्या १४
र्या च
ं े श ल र्थ प्रण लीमध्र्याे ड्र फ्ट हे तुझ्र्या क ल व2ीत तर्या र केले असे हे
तुल पोलीस ंनी सदर प्रकरणी जब ब देण्र्या करिरत बोलवले तेव्ह जब ब त
स ंग असे स फिगतले पंरतु मी, सदरचे श ल र्थ प्रण लीमध्र्याे ड्र फ्ट भरले
नसल्र्या ने मी त्र्या ंन स्पष्ट पणे नक र फिदल , सदर प्रकरण शी म झ
क हीएक संब2 न ही.”
12. In this background of the matter, it is significant to note
order dated 26th June 2019 issued by Nitin Bacchav, Incharge
Deputy Director of Education, Nashik Division, Nashik (Pages
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111-112 of Additional Government Pleader’s Compilation), by
which approval is given for inclusion of said Urvashi Nimba
Choudhary in the Shalarth ID Pranali. Learned Additional
Public Prosecutor pointed out Pages 113 to 115 of the
compilation, wherein by using said order at Pages 111-112, a
bogus order is created by mentioning 14 additional names in
addition to said Urvashi Nimba Choudhary. Both these orders
are scanned and set out hereinbelow :
Pages 111 -112 of the Compilation tendered by Additional
Government Pleader :
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Pages 113 and 115 of the Compilation of Additional
Government Pleader :
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13. Learned Additional Public Prosecutor has submitted that
during investigation, it transpired that letter on Pages 111 to
112 is genuine letter whereas letter at Pages 113 to 115 of the
Compilation is bogus letter created on the basis of said letter at
Pages 111 to 112.
14. Thus, prima-facie it is clear that names of these 14
teaching/non-teaching staff have been included in the Shalarth
ID Pranali when said Manish Shaligram Kadam was working as
Accounts Officer in the office of Deputy Director of Education
and he has stated that as per the instructions of the Applicant,
names of these 14 teaching/non-teaching staff have been
inserted in the Shalarth ID.
15. Thus, the contention raised by Mr. Gupte, learned Senior
Counsel that powers were given to Accounts Officer, i.e. said
Uday Vishnu Panchbhai, after transfer of earlier Accounts
Officer Manish Kadam and by misusing the said powers, names
of all these 79 teaching/non-teaching staff have been
unauthorizedly included in Shalarth ID Pranali by said Uday
Vishnu Panchbhai is not correct. In fact, during investigation, it
was revealed that names of all these 79 teaching/non-teaching
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staff have been included in the Shalarth ID Pranali at the
instance of the Applicant.
16. The amount involved in the crime is about
Rs.9,60,35,631/- (Rupees Nine Crore Sixty Lakh Thirty-Five
Thousand Six Hundred Thirty-One Only). As per the
prosecution case, although these teaching/non-teaching staff
have been appointed by respective schools from the period of
2022 to 2024, their appointments were shown from the year
2012 and on the basis of bogus documents, Shalarth IDs were
created and arrears have been paid for more than 10 years by
the State Government. This is the public money.
17. It is also required to be noted that admittedly, the
Applicant in his capacity as the Deputy Director of Education,
Nashik Division, Nashik has given approval for inclusion of
names of Priyanaka Vishwanath Salunke, Pallavi Rahul
Mahajan and Priya Deepak Masane in the Shalarth ID Pranali.
The said order (Pages 81 to 83 of Compilation of Additional
Public Prosecutor) issued by the Applicant in his capacity as the
Deputy Director of Education specifically records that the
proposal has been received from the office of the Education
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Officer (Secondary), Zillha Parishad, Jalgaon, on 20th February
2024. However, during investigation, it transpired that no such
proposal has been sent by the Education Officer (Secondary),
Zillha Parishad, Jalgaon. Thus, prima facie the Applicant has
created bogus documents and on the basis of the same, an
amount of Rs. 9,60,35,631/- (Rupees Nine Crore Sixty Lakh
Thirty-Five Thousand Six Hundred Thirty-One Only) was
disbursed by the State towards arrears of salaries of these
teaching/non-teaching staff members. Thus, the offence is
very serious where, custodial interrogation is absolutely
essential.
18. The Supreme Court in the decision of State Rep. by the
C.B.I. Vs. Anil Sharma1, has held that the custodial
interrogation is qualitatively more elicitation-oriented than
questioning a suspect who is well ensconced with a favourable
order under Section 438 of the Code of Criminal Procedure,
1973 i.e. Section 482 of BNSS. The effective interrogation of
suspected person is of tremendous advantage in disinterring
many useful information and also materials which would have
1 (1997) 7 SCC 187
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been concealed. Success in such interrogation would elude if
the suspected person knows that he is well protected and
insulted by a pre-arrest bail during the time he is interrogated.
The said observations of the Supreme Court are squarely
applicable to the present case. Thus, for effective interrogation
of Applicant in this serious case having wide magnitude,
custodial interrogation is necessary.
19. It is settled legal position that grant of anticipatory bail is
very extraordinary remedy. The said power is not to be used in
regular course.
20. Accordingly, the Anticipatory Bail Application is
dismissed. The ad-interim protection granted to the Applicant
stands vacated forthwith.
21. Mrs. Deshmukh, learned Additional Public Prosecutor
states that, by looking to the magnitude of the crime and as
more than such 1,000 teaching/non-teaching staffs have been
appointed in many Educational Institutions in the State of
Maharashtra during the period of 2022-2024 by making show
of their appointments from earlier period of about more than
10 years and as there are number of Accused involved, the
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Director General of Police, Maharashtra State has issued detail
instructions for a thorough and comprehensive investigation.
22. Thus, in the facts and circumstances, no case is made out
for grant of anticipatory bail.
23. The Anticipatory Bail Application is rejected.
24. It is clarified that the observations made in this order are
only prima facie observations made for the purpose of deciding
the Anticipatory Bail Application. The Trial Court shall decide
the case on its merits, uninfluenced by the prima facie
observations made in this Order.
[MADHAV J. JAMDAR, J.]
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